Dear Mayor:

Thank you for contacting your Congressman, pursuant to our October 3 letter, concerning the chance to close the federal pre-emption “loop hole” that some companies have used to avoid state and local control for the siting and operating of waste processing facilities in rail yards. That loop hole undermines local and State efforts to protect the public from problems and dangers arising when a solid waste operation escapes appropriate environmental regulation, by siting a facility adjacent to a railroad right-of-way, on a property under the jurisdiction of the Surface Transportation Board.

Last evening, New Jersey Congressman Frank Pallone offered an amendment to H.R. 2095 (The Railroad Safety Act of 2007) to allow state and local authorities to regulate solid waste management facilities. This amendment would state that the Surface Transportation Board does not have exclusive authority to preempt state and local regulation of solid waste management facilities.

The Amendment was accepted by a voice vote, and the bill was passed on a vote of 377 – 38.
New Jersey Congressmen voting in favor of the bill were: Andrews, Ferguson, Frelinghuysen, Holt, LoBiondo, Pallone, Pascrell, Payne, Rothman, Saxton, Sires and Smith.

Closing the railroad loophole will protect the environment, public health and safety of our community. We hope you agree that State and Local governments should be in control of solid waste planning and facilities.

Our attention now shifts to the Senate, where S.1889, sponsored by Senator Lautenberg, awaits action on the floor.

Thank you for your attention to this important issue. If you have any questions, contact Jon Moran at 609-695-3481, ext. 121.

                                                                        Very truly yours,

                                                                        William G. Dressel, Jr.
                                                                        Executive Director